Texas DWI Defense Attorney Explains that Court Cases Don’t Always Follow a Straight Line

Sometimes, DWI cases do not follow a path that goes straight through from start to finish. There are multiple steps that each case passes through from its filing until its conclusion, and there are additional things that can happen after a defendant is either convicted or acquitted. In some cases, this is a good thing, like when a convicted driver appeals their DWI conviction and obtains an acquittal on appeal. Unfortunately, appeals work both ways, and sometimes defendants who were initially acquitted may have to go back to court if the prosecutor contests the court’s decision.

Drunk driving cases against a Baylor University employee and her husband got reinstated by an intermediate appeals court, which ruled that the judge who initially dismissed the cases because of a clerical error did not have the authority to do so. The judge who made the initial ruling which acquitted the defendants ruled that the prosecution failed to prove an essential element of the state’s case, among other things. The prosecution appealed the decision, claiming that there was no authority for the trial court to dismiss the cases without the state’s consent.

In testimony her during the original trial, a law enforcement officer said that when she pulled over a vehicle driven by the female defendant on a routine traffic stop, she could smell alcohol on the woman’s breath. The driver initially denied drinking, but later said that she drank one mixed drink and that her husband, who was riding in the vehicle with her, drank several beers. During the traffic stop, the female defendant failed three field sobriety tests and refused to take a breath test. The officer arrested her and brought her to jail, and the man made arrangements for a ride home. After the woman’s husband had gotten home, he got on his motorcycle and headed to the jail to pick up his wife. On his way there, he was stopped. The officer who stopped the motorcycle said that he noticed that the man smelled of alcohol. The officer arrested the man after a blood test and took him to jail.

The errors in the charging documents went unnoticed until the judge took a break to consider the case. After the errors in the documents had come to light, the special prosecutor did not file amended charges because she believed that it was not necessary because other information and testimony in the record supplied the dates that were missing from the paperwork.

This pair of husband and wife DWI cases has attracted a lot of attention because of the defense attorney attempt to disqualify the special prosecutor from her judicial appointment to handle the cases. The special prosecutor had been appointed to the pair of cases after the district attorney recused his office because he thought he might have represented one of the defendants in a previous matter.

Jack Pettit, Attorney at Law, is a Texas DWI Defense Attorney who helps plenty of DWI clients work through their DWI cases. Attorney Pettit might be able to assist you with your DWI case, too. Whether this is your first DWI or not, you deserve the support of an experienced Texas DWI defense attorney. Call us at 214-521-4567 today, to learn more.


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